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Dispute Resolution Arbitration and Mediation —Chile

Samuel Lira Ovalle, Mining Law & Investment in Latin America (2003)

In accordance with Article 73 of the Political Constitution of the Republic of Chile:

“The power to hear civil and criminal causes, to resolve them and to enforce judgments pertains exclusively to the courts established by the law. Neither the President of the Republic nor the Congress may ever exercise judicial authority, remove pending cases, review the grounds or contents of the resolutions in regard thereto or reopen closed cases.”

In other words, the courts established by law must administer justice with total independence from the other branches of the government, from the President of the Republic and from the latter and the National Congress (as co-legislators). The organizations and attributions of the courts are, therefore, set down in a law, namely the actual Organic Code of the Courts.

As a result, the courts established by law have the authority to hear and judge the matters submitted thereto and to enforce judgments. This is known as jurisdiction.

The Judiciary is comprised of the Ordinary Courts of Justice, the Supreme Court, the Appellate Courts, the Court Presidents and Justices, and the Civil Courts. The special courts of the Judiciary consist of the Juvenile Courts, the Labor Courts and the Military Courts in peacetime.